Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80068
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16465 of 2025 Applicant :- Amarjeet Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Singh Sengar,G.A. Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Learned A.G.A. has informed that notice to the informant has been served on 25.4.2025.
3. Heard Sri Arvind Singh Sengar, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Complaint Case No.59 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station- Bansdih Kotwali, District- Ballia, during the pendency of trial.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The instant complaint was filed after a delay of about 24 days and there is no explanation of the said delay caused. Even the said compliant was filed after a delay of about nine days from the date of recovery of the victim. As such, it is a clear cut case of false implication.
6. Learned counsel for the applicant has further stated that there is no missing report filed by the complainant. Although the victim is stated to be 16 years old as per the school certificate, but by her looks she seems to be major.
7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
8. Learned A.G.A. has vehemently opposed the bail application.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the inordinate delay in institution of complaint, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant- Amarjeet, who is involved in aforementioned compliant case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 15.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad